PART IV EXAMINATION OF APPLICATIONS AND ACCEPTANCE OF COMPLETE SPECIFICATIONS

Examination procedure under section 16

Extension of time under section 20 Regulation

Extension of time under section 21

Publication of acceptance

Inspection of application, specification and drawings

PART V OPPOSITION TO GRANT OF PATENT

Notice of opposition

Counter-statement

Filing of evidence by objector

Filing of evidence by applicant

Extension of time under regulations 25, 26 and 27

Proof of service of notices, statements, etc.

Supply of documents, etc., to High Court

PART VI SUBSTITUTION OF APPLICANTS, ETC.

Procedure under subsection (1) of section 23

Procedure under subsection (5) of section 23

PART VII SEALING AND FORM OF PATENT AND RENEWAL FEES

Request for sealing

Time for sealing under subsection (2) of section 25

Form of patent

Amendment of patent

Payment of renewal fees

Renewal fees may be paid in advance

Extension of time for payment

Certificate of payment

PART VIII RESTORATION OF LAPSED PATENTS

Application

Notice of opposition

Hearing

PART IX VOLUNTARY ENDORSEMENT OF PATENTS "LICENCES OF RIGHTS"

Regulation

Application under subsection (1) of section 35

Application under subsection (2) of section 35

Advertisement of endorsement

Cancellation of endorsement under subsection (1) of section 36

Cancellation of endorsement under subsection (2) of section 36

Advertisement and opposition

PART X COMPULSORY LICENCES

Application under section 37

Preliminary consideration by Registrar

Opposition

Supply of documents, etc., to High Court

PART XI AMENDMENT OF SPECIFICATION

Application to amend unaccepted specification

Application to amend accepted complete specification

Certified copy of original specification to accompany application

Opposition

New specification and drawings as amended may be required

PART XII DIRECTIONS TO CO-OWNERS

Application under subsection (6) of section 47

Application under subsection (7) of section 47

PART XIII DISPUTES AS TO INVENTIONS MADE BY EMPLOYEES

Application under subsection (1) of section 48

Hearing

PART XIV SURRENDER OF PATENT

Regulation

Form of offer to surrender a patent

Opposition

PART XV REGISTER OF PATENTS

Register to record grant of patents

Alteration of entries

Registration of assignments, etc.

Copies of documents

Correction of errors

Advertisement

Opposition

Certified copies of entries, etc.

Lost patents

PART XVI PATENT AGENTS

74. Application for registration

PART XVII MISCELLANEOUS

Prescribed fees

Prescribed forms

Size, etc., of documents

Address for service

Method and proof of service

Lodging of documents

Power of Registrar to fix time and place of proceedings

Agency

Refusal to recognise agent

Signature of documents

Amendment of documents Regulation

Power of Registrar to waive requirements

Order of High Court or Supreme Court

Days and hours of business

FIRST SCHEDULE-Fees payable to the Office

SECOND SCHEDULE-Form of patent

THIRD SCHEDULE-Prescribed forms

SECTION 96-THE PATENTS REGULATIONS Federal

Regulations by the Minister Government Notices 251 of 1957 206 of 1959 55 of 1960 363 of 1960 203 of 1962 Act 57 of 1964 Statutory Instruments 497 of 1964 38 of 1981 147 of 1990 54 of 1995 Act No. 13 of 1994

PART I

PRELIMINARY

These Regulations may be cited as the Patents Regulations. Title

In these Regulations, unless the context otherwise requires- Interpretation

"agent" means a patent agent registered as such in terms of section sixty-eight, and includes a legal practitioner;

"Office" means the Patent Office;

"section" means a section of the Act;

"Court" means the High Court

PART II APPLICATION FOR PATENTS AND SPECIFICATIONS

3. (1) An application, other than a convention application, shall be made in Form No. 1.

(2)

A convention application shall be made in Form No. 2.

(3)

An application for a patent of addition shall be made in Form No. 3.

(4)

An application in terms of subsection (2) of section thirty-one for the grant of a patent of addition instead of an independent patent shall be made in Form No. 4.

(5)

Every application (other than a convention application) shall be accompanied by either a provisional specification in duplicate in Form No. 5 or a complete specification shall be accompanied in Form No. 6; and every convention application shall be accompanied by a complete specification in duplicate in Form No. 6.

An application for a patent by an assignee or the legal representative of a person who was the owner of an invention when he died shall be accompanied by the deed of assignment or the probate of the will of the deceased or the letters of administration, as the case may be, or a certified copy thereof, and such further evidence and proof of the applicant's title as the Registrar may require.

Where, in pursuance of subsection (3) of section thirteen, the Registrar allows a single complete specification to be proceeded with in respect of two or more applications in respect of which two or more complete specifications have been lodged, the single complete specification may include any matter disclosed in any of the said specifications and shall be deemed to have been lodged on such date, not earlier than the earliest date on which all the matter disclosed in the said single complete specification has been disclosed to the Office in or in

Appropriate application forms to be used

Assignee or legal representative to establish right to act

Cognate application connection with the applications, as the Registrar may direct.

Where a complete specification has been lodged pursuant to two or more applications accompanied by provisional specifications for inventions which the applicant believes to be cognate or modifications one of another and the Registrar is of the opinion that such inventions are not cognate or modifications one of another, the Registrar may allow the complete specification to be divided into such number of complete specifications as may be necessary to enable the applications to be proceeded with as two or more separate applications for patents.

(1) In addition to the specification lodged with every convention application, there shall be lodged with the application, or within six months thereafter, a copy of the specification and drawings or documents lodged in respect of the relevant first application or applications for protection in a convention country, duly certified by the official chief or head of the patent office of the convention country, or otherwise verified to the satisfaction of the Registrar.

(2) If any specification or other document relating to the application is in a foreign language, it shall be accompanied by a translation thereof in the English language verified to the satisfaction of the Registrar.

Where a single convention application has been made in respect of all or part of the inventions in respect of which two or more applications for protection have been made in one or more convention countries, the Registrar may, if he is satisfied that the claims of the specification lodged with the said convention application relate to more than one invention, allow one or more further applications to be lodged and the specification to be divided into such number of specifications as may be necessary to enable two or more separate convention applications to be proceeded with, and may direct that the said applications be deemed to have been lodged on the date of lodging of the original application.

A request in terms of subsection (2) of section thirteen for an extension of time for lodging a complete specification shall be made in Form No. 7.

Division of application if not cognate

Evidence in support of convention application

Division of convention application

Extension of period for lodging complete specification

10. A request in terms of subsection (1) of section seventeen for the

Request for

post-dating of an application shall be made in Form No. 8.

post-dating an

application

PART III

DRAWINGS

11. Drawings, when supplied, shall accompany the provisional or

When supplied,

complete specification to which they refer, except in the case provided

drawings to

for by regulation 18. A true copy of the original drawings shall be

accompany

lodged at the same time as the original drawings.

specification

12. (1) Drawings shall be made on pure white tough drawing paper, not

Drawing paper

thinner than 100 sheets to the inch, of smooth surface and good quality,

and without colour or washes, in such a way as to admit of being clearly

reproduced on a reduced scale by photography.

(2) Mounted drawings may not be used.

13. (1) Drawings shall be on sheets which measure 13 inches from top

Size of sheets,

to bottom and are either 8 inches or 16 inches wide, and shall be made

etc.

on one side of the paper only and have 1 1/2 inches clear binding margin

on the left-hand side of the sheet and a 1/2 inch clear margin on the top,

bottom and right-hand side of the sheet.

(2) If there are more figures than can be shown on one of the smaller

sized sheets, two or more of these sheets shall be used unless the large

size is required by the size of any one figure.

(3) An exceptionally large figure may be continued on subsequent

sheets.

(4) No more sheets shall be employed than are necessary.

(5)

The figures shall be numbered consecutively without regard to the number of sheets, and shall as far as possible be arranged in numerical order, separated by a sufficient space to keep them distinct.

(6)

Where figures on a number of sheets form in effect a single complete figure, they shall be so arranged that the complete figure can be assembled without concealing any part of another figure.

14. Drawings shall be prepared in accordance with the following requirements:

(a)

they shall be executed in durable black or very dark markings;

(b)

each line shall be firmly and evenly drawn, sharply defined, and of the same strength throughout;

(c)

section lines, lines for effect, and shading lines shall be as few as possible, and shall not be closely drawn;

(d)

shading lines shall not contrast excessively in thickness with the general lines of the drawing;

(e)

sections and shading shall not be represented by solid black or washes;

(f)

they shall be on a scale sufficiently large to show the invention clearly, and only so much of the apparatus, machine or article may appear as effects this purpose;

(g)

if the scale is given, it shall be drawn and not denoted by words, and no dimensions may be marked on the drawings;

(h)

where convenient, the figures shall be drawn in an upright position in regard to the top and bottom of the sheet;

(i)

subject to any special directions of the Registrar in any particular case, reference letters and numerals and index letters and numerals used in conjunction therewith shall be bold, distinct and not less than 1/8 inch in height; the same letters or numerals shall be used in different views of the same parts; and where the reference letters or numerals are shown outside the parts referred to, they shall be connected with the said parts by fine lines.

15. (1) Drawings shall bear-

(a) in the left-hand top corner the name of the applicant and, in the Preparation of drawings

Identification of drawings

case of drawings lodged with a complete specification after one or more

provisional specifications, the numbers and years of the applications;

(b) in the right-hand top corner the number of sheets of drawings

sent and the consecutive number of each sheet, and the words "original"

but drawings in the nature of flow sheets may bear descriptive matter to

matter

show the materials used and the chemical or other reactions or

treatments effected in carrying out the invention.

(2) Drawings showing a number of instruments or units of apparatus

and their interconnections, either mechanical or electrical, where each

such instrument or unit is shown only symbolically, may bear such

descriptive matter as is necessary to identify the instruments or units or

their interconnections.

(3) Such descriptive matter shall be in black or very dark markings on

both the original and the true copy drawings and on the latter the letters

shall be not less than 1/4 inch in height.

(4) No drawing or sketch, other than a graphic chemical formula or a

mathematical formula, symbol or equation, shall appear in the verbal

part of the specification and if such a formula, symbol or equation is

used therein a copy thereof, prepared in the same manner as original

drawings, except that it may be a hand-made drawing on tracing-cloth,

shall be furnished if the Registrar so directs.

17. Drawings shall be delivered at the Office free from folds, breaks or

Drawings not to

creases which would render them unsuitable for reproduction by

be creased

photography.

18. If an applicant desires to adopt the drawings lodged with his Drawings

provisional specification as the drawings or part of the drawings for his complete specification, he shall refer to them in the complete specification as those lodged with the provisional specification.

PART IV

EXAMINATION OF APPLICATIONS AND ACCEPTANCE OF COMPLETE SPECIFICATIONS

19. (1) When the Registrar, in making the investigation under section sixteen, finds that the application or specification does not comply with the requirements of subsection (1), the Registrar may refuse to accept the application or require the application or the specification which accompanied it to be amended in such manner as may be necessary.

(2)

The Registrar may appoint a hearing if he considers it desirable to do so, having regard to the time remaining for putting the application in order or other circumstances of the case.

(3)

When a hearing is appointed, the applicant shall be given fourteen days' notice of the appointment or such shorter notice as appears to the Registrar to be reasonable in the circumstances and shall as soon as possible notify the Registrar whether he will attend the hearing.

(4)

After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Registrar may direct or permit such amendment of the specification as will be to his satisfaction, and may refuse to accept the specification unless such amendment is made within such period as he may fix.

20. An application under section twenty for extension of time for accepting a complete specification shall be given in Form No. 9.

lodged with provisional specification

Examination procedure under section 16

Extension of time under section 20

21. A notice under the proviso to subsection (1) of section twenty-one

Extension of

requesting postponement of the acceptance of a complete specification

time under

to a date, not being later than eighteen months from the date of lodging

section 21

of the application, shall be given in Form No. 10.

22. (1) When notice of acceptance of a complete specification has been

Publication of

given by the Registrar in terms of subsection (2) of section twenty-one,

acceptance

the applicant shall advertise the acceptance in the Patent Journal within

one month of the date of such acceptance or within such further time as

the Registrar may allow.

(2) At any time prior to the publication of the acceptance of a complete

specification the Registrar may, if he thinks fit, on application made in

Form No. 11, cancel such acceptance.

(As amended by F.G.N. No. 55 of 1960)

23. The fee for inspecting an application, specification and drawings

Inspection of

shall be as set out in item 49 of the First Schedule.

application,

specification

and drawings

PART V

OPPOSITION TO GRANT OF

PATENT

24. A notice of opposition to the grant of a patent shall be given in

Notice of

Form No. 12.

opposition

The period within which a counter-statement may be lodged by Counter-statement the applicant shall be two months from the date of receipt by him of the notice of opposition. If such counter-statement is not lodged within the said period or within such further period as the Registrar may allow, the application shall be deemed to be abandoned.

The objector may, within two months from the receipt of the copy of the counter-statement, file evidence in accordance with the provisions of section sixty-five in support of his case and shall serve on the applicant a copy thereof.

Within two months from the receipt of the copy of the objector's evidence or, if the objector does not file any evidence, within two months from the expiration of the time within which the objector's evidence might have been filed, the applicant may file evidence in accordance with the provisions of section sixty-five in support of his case and shall serve on the objector a copy of the evidence; and within two months from the receipt of the copy of the applicant's evidence, the objector may file evidence confined to matters strictly in reply and shall serve on the applicant a copy of the evidence.

The Registrar may extend the periods mentioned in regulations 25, 26 and 27 if a request in writing for such extension is made at any time within the said periods or extended periods.

Proof of service of all notices, statements or other documents referred to in these Regulations shall be furnished to the Registrar.

(1) When the foregoing provisions of this Part have been complied with, the Registrar shall hand all relevant papers to the registrar of the High Court.

(2) Copies of all documents, other than specifications, referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition shall be furnished for the use High Court, unless the High Court otherwise directs.

PART VI

SUBSTITUTION OF

Filing of evidence by objector

Filing of evidence by applicant

Extension of time under regulations 25, 26 and 27

Proof of service of notices, statements, etc.

Supply of documents, etc., to High Court

APPLICANTS, ETC.

31. (1) A claim under subsection (1) of section twenty-three that an application for a patent shall proceed in the name of the claimant or in the names of the claimant and the applicant or the other joint applicant or applicants shall be made in Form No. 13 and shall be accompanied by a copy of any assignment or agreement upon which the claim is based, which copy shall be certified by the claimant, the applicant or the agent of either of them, as the case may be.

(2) If so required by the Registrar, the original assignment or agreement shall also be produced for his inspection and he may also call for such other proof of title or written consent as he may require.

32. (1) An application under subsection (5) of section twenty-three by any party to a joint application for the directions of the Registrar as to the name of the party, or the manner in which an application for a patent shall be proceeded with, shall be made in Form No. 14 and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks.

(2)

A copy of the application and statement shall be sent by the Registrar to each other joint applicant (the applicant shall supply a sufficient number of copies for that purpose) and thereafter the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen days' notice of the appointment.

(3)

After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall in accordance with the provisions of subsection (5) of section twenty-three give directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties or for regulating the manner in which it shall be proceeded with or for both those purposes, according as the case may require.

PART VII

Procedure under subsection (1) of section 23

Procedure under subsection (5) of section 23

SEALING AND FORM OF PATENT AND RENEWAL FEES

An application for the sealing of a patent shall be made in Form No. 15.

(1) An application for an extension of time under proviso (iv) to subsection (2) of section twenty-five shall be made in Form No. 16 and the period of extension shall not exceed three months.

(2) An application under proviso (v) to subsection (2) of section twenty-five for a further extension of time shall be made in Form No. 17.

A patent shall be in the form set out in the Second Schedule or in such form modified as directed by the Registrar to meet the circumstances.

An application under section twenty-six for the amendment of a patent shall be made in Form No. 18 and shall be accompanied by evidence verifying the statements therein and by the letters patent.

If it is desired at the expiration of the third year of the term of a patent or of any succeeding year during the term of the patent to keep the patent in force, the renewal fees set out in item 18 of the First Schedule shall be paid by lodging Form No. 19 before the expiration of that year:

Provided that where the sealing of the patent is delayed beyond the periods set out herein, by reason of opposition or the application having been kept secret or an extension under proviso (v) to subsection (2) of section twenty-five having been granted, the renewal fees may be paid at the time the patent is sealed. The Registrar may in his discretion grant an extension of time not exceeding six months from the date of sealing for payment of such fees.

(As amended by F.G.N. No. 206 of 1959 and F.G.N. No. 363 of 1960)

Request for sealing

Time for sealing under subsection (2) of section 25

Form of patent

Amendment of patent

Payment of renewal fees

38. All or any of the prescribed renewal fees may be paid in advance.

Renewal fees

may be paid in

advance

39. An application for extension of time for payment of any renewal fee

Extension of

shall be made in Form No. 20.

time for

payment

40. On due compliance with the terms of regulation 37, the Registrar

Certificate of

shall issue a certificate in Form No. 21 that the prescribed fee has been

payment

duly paid, and he shall cause to be entered in the register the fact that the

fee has been paid and the date of payment as stated on the certificate.

PART VIII

RESTORATION OF LAPSED

PATENTS

41. (1) An application under section thirty-three for the restoration of a

Application

patent shall be made in Form No. 22 and shall be accompanied by

evidence by affidavit in support of the statements made in the

application.

(2) The Registrar shall direct the patentee to advertise the application (if

in compliance with subsection (2) of section thirty-three) in two

consecutive issues of the Patent Journal .

(As amended by F.G.N. No. 206 of 1959 and F.G.N. No. 55 of 1960)

42. (1) At any time within two months of the advertisement of the

Notice of

application, any person may give notice of opposition thereto in Form

opposition

No. 23.

(2) Such notice shall be accompanied by a copy thereof together with a

statement, in duplicate, setting out fully the nature of the objector's

interest and the facts upon which he relies.

(3) Upon notice of opposition being given, the provisions of regulation 25 to 29 shall mutatis mutandis apply in respect of the proceedings held before the Registrar under section thirty-three.

43. (1) On completion of the evidence (if any), or at such other time as the Registrar may see fit, the Registrar shall appoint a time for the hearing of the application and shall give the parties at least fourteen days' notice of the appointment.

(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall decide the matter and notify his decision to the parties.

PART IX

VOLUNTARY ENDORSEMENT OF PATENTS "LICENCES OF RIGHT"

An application under subsection (1) of section thirty-five for endorsement of a patent "licences of right" shall be made in Form No. 24 and shall be accompanied by evidence verifying the statement in the application and by the letters patent.

(1) An application under paragraph (a) or b) of subsection (2) of section thirty-five for settlement of the terms of a licence under a patent endorsed "licences of right" shall be made in Form No. 25 and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the facts upon which the applicant relies and the terms of the licence which he is prepared to accept or grant.

(2) A copy of the application and statement shall be sent by the Registrar to the patentee or the person requiring a licence, as the case Hearing

Application under subsection (1) of section 35

Application under subsection (2) of section 35 may be, who, if he does not agree to the terms set out in the statement, shall within two months of the receipt of such copies file a counter-statement setting out fully the grounds of the objection and serve a copy thereof on the applicant.

(3) The Registrar shall give such directions as he may think fit with regard to the filing of evidence and the hearing of the parties.

46. Upon the endorsement of a patent in terms of section thirty-five, the Registrar shall direct the applicant to publish notification thereof forthwith in the Patent Journal.

(As amended by F.G.N. No. 55 of 1960)

An application under subsection (1) of section thirty-six for the cancellation of an endorsement shall be made in Form No. 26 and shall be accompanied by evidence verifying the statement in the application and by a memorandum in Form No. 19 with fees to the amount of the balance of all renewal fees which would have been payable if the patent had not been endorsed.

(1) An application under subsection (2) of section thirty-six for the cancellation of an endorsement shall be made in Form No. 27 within six months after the patent has been endorsed and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the nature of the applicant's interest and the facts upon which he relies.

(2) The period within which renewal fees shall be paid on cancellation of an endorsement in terms of subsection (3) of section thirty-six shall be one month from the date of cancellation.

49. (1) Every application under subsection (1) or (2) of section thirty-six shall be advertised by the applicant in the Patent Journal and the period within which notice of opposition to the cancellation of an endorsement may be given under subsection (5) of section thirty-six shall be two months after the advertisement.

(2) Such notice shall be given in Form No. 28 and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the facts upon which the opponent relies, and, in the case of opposition to an Advertisement of endorsement

Cancellation of endorsement under subsection (1) of section 36

Cancellation of endorsement under subsection (2) of section 36

Advertisement and opposition application under subsection (1) of section thirty-six, the nature of his interest.

(3)

A copy of the notice and of the statement shall be sent by the Registrar to the applicant for cancellation of the endorsement and thereafter the Registrar shall appoint a time for the hearing of the application and shall give the parties at least fourteen days' notice of the appointment.

(4)

After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall give such decision on the application as he may consider just.

(As amended by F.G.N. No. 55 of 1960)

PART X

COMPULSORY LICENCES

An application under section thirty-seven for a licence under a patent shall be made in Form No. 29.

(1) If upon consideration of the evidence the Registrar is satisfied that the application falls within section thirty-seven, he shall direct the applicant to serve copies of the application and of the relevant affidavit upon the patentee and upon any other person appearing from the register to be interested in the patent and to advertise the application in one issue of the Patent Journal in such form as he may approve.

(2) If the Registrar is not so satisfied, he shall notify the applicant accordingly and, unless within one month the applicant requests to be heard in the matter, the Registrar shall refuse the application.

(As amended by F.G.N. No. 55 of 1960)

52. (1) At any time within two months from the date of the advertisement, or within such further time as the Registrar may allow, Application under section 37

Preliminary consideration by Registrar

Opposition

the patentee or any other person who wishes to oppose the application shall deliver to the Registrar a counter-statement, verified by affidavit, setting out fully the grounds on which the application is opposed, and shall at the same time serve upon the applicant a copy of the counter-statement and of such affidavit.

(2) Proof of service shall be furnished to the satisfaction of the Registrar.

53. When the foregoing provisions of this Part have been complied with, the Registrar shall hand all relevant papers to the registrar of the High Court.

PART XI

AMENDMENT OF SPECIFICATION

54. (1) An application for leave to amend a provisional specification or a complete specification which has not been accepted, except when the amendment is made to meet an objection by the Registrar, shall be made in Form No. 30.

(2)

The Registrar shall, if he thinks fit, appoint a time for a hearing of the application and shall give the applicant at least twenty-one days' notice of such appointment. If the applicant desires to be heard he must, not later than seven days prior to the date of the hearing or within such further time as the Registrar may allow, notify the Registrar to that effect.

(3)

After hearing the applicant or, if the applicant does not desire to be heard, then without a hearing, the Registrar shall decide the case and notify his decision to the applicant.

55. An application for leave to amend an accepted complete specification shall be made in Form No. 31 and the application and the Supply of documents, etc., to High Court

Application to amend unaccepted specification

Application to amend accepted

nature of the proposed amendment shall be advertised by the applicant

complete

in the Patent Journal in the manner provided for in Form No. 32.

specification

(As amended by F.G.N. No. 55 of 1960)

56. An application for leave to amend a specification shall be

Certified copy

accompanied by a copy, certified by the applicant or his agent, of the

of original

original specification, or of those pages of specification or drawings in

specification to

which the proposed amendment appears, clearly showing in red ink the

accompany

amendment sought.

application

57. (1) Any person wishing to oppose an application for amendment

Opposition

under regulation 55 shall give notice to the Registrar in Form No. 33.

(2) Such notice shall be accompanied by a statement setting out fully

the nature of the objector's interest, the facts upon which he relies and

the relief he seeks.

(3) A copy of the notice and of any statement which accompanies such

notice shall be served by the objector on the applicant.

(4) Upon notice of opposition being given, the provisions of regulations

25 to 29 and of regulation 43 shall mutatis mutandis apply in respect of

the proceedings hold before the Registrar under section forty-three.

58. (1) When leave to amend a specification is given the applicant

New

shall, if the Registrar so requires and within a time to be fixed by him,

specification

lodge a new specification and drawings as amended.

and drawings as

amended may

be required

(2) Where an application for leave to amend a specification is made

pursuant to an order of the High Court, such application shall be

accompanied by a copy of such order certified by the registrar of or the

High Court the Supreme Court, as the case may be.

PART XII

DIRECTIONS TO CO-OWNERS

59. (1) An application for directions under subsection (6) of section forty-seven by any one or more of the proprietors of a patent shall be made in Form No. 34 and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks.

(2)

A copy of the application and of the statement shall be sent by the Registrar to each of the other proprietors of the patent, and the applicant shall supply a sufficient number of copies for that purpose.

(3)

Thereafter the Registrar shall appoint a time for the hearing of the case and shall give the parties at least fourteen days' notice of the appointment.

(4)

After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall give directions in accordance with the provisions of subsection (6) of section forty-seven.

60. (1) An application for directions under subsection (7) of section forty-seven shall be made in Form No. 35 and shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the facts upon which the applicant relies and the directions which he seeks.

(2)

A copy of the application and of the statement shall be sent by the Registrar to the person in default.

(3)

Thereafter the provisions of sub-regulations (3) and (4) of regulation 59 shall apply.

PART XIII

Application under subsection (6) of section 47

Application under subsection (7) of section 47

DISPUTES AS TO INVENTIONS MADE BY EMPLOYEES

61. (1) An application under subsection (1) of section forty-eight to determine a dispute as to rights in respect of an invention or in respect of a patent granted or to be granted in respect thereof shall be made in Form No. 36 and shall be accompanied by a copy thereof together with a statement, in duplicate, setting out fully the facts of the dispute and the relief which is sought.

(2)

A copy of the application and of the statement shall be sent by the Registrar to the other party to the dispute, who within three months after receipt thereof shall file a counter-statement, in duplicate, setting out fully the grounds on which he disputes the right of the applicant to the relief sought.

(3)

The Registrar shall send a copy of this counter-statement to the applicant and thereafter, subject to such directions as the Registrar may think fit to give, the provisions of regulations 26 to 29 shall mutatis mutandis apply in respect of proceedings held before the Registrar, and references to the objector shall be substituted for references to the applicant and references to the applicant for references to the other party.

62. (1) Should the Registrar decide to hear the application, he shall thereafter appoint a time for the hearing and shall give the parties at least fourteen days' notice of the appointment.

(2) After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Registrar shall determine the matter in dispute and make such orders for giving effect to his decision as he considers expedient.

PART XIV

Application under subsection (1) of section 48

Hearing

SURRENDER OF PATENT

63. A notice of an offer by a patentee under section fifty-two to surrender his patent shall be given in Form No. 37 and shall be advertised by the patentee in one issue of the Patent Journal .

(As amended by F.G.N. No. 55 of 1960)

64. (1) At any time within two months from such advertisement, any person may give notice of opposition to the Registrar in Form No. 38, which shall be accompanied by a copy thereof and a statement, in duplicate, setting out fully the nature of the opponent's interest, the facts upon which he relies and the relief which he seeks.

(2)

A copy of the notice and of the statement shall be sent by the Registrar to the patentee.

(3)

Upon such notice of opposition being given and a copy thereof sent to the patentee, the provisions of regulations 25 to 29 and of regulation 43 shall mutatis mutandis apply and references to the patentee shall be substituted for references to the applicant.

PART XV

REGISTER OF PATENTS

65. (1) In addition to the particulars referred to in the Act, the Registrar shall cause to be entered in the register the name, address and nationality of the patentee as the grantee thereof, the title of the invention, the date of the patent and the date of the sealing thereof, together with the full postal address for service.

(2) The Registrar may at any time enter in the register such other particulars as he may deem necessary.

Form of offer to surrender a patent

Opposition

Register to record grant of patents

66. (1) A request by a patentee for the alteration of a name, nationality,

Alteration of

address, or address for service entered in the register in respect of his

entries

patent shall be made in Form No. 39.

(2) Before acting on a request to alter a name or nationality, the

Registrar may require such proof of the alteration as he may think fit.

(3) If the Registrar is satisfied that the request may be allowed, he shall

cause the register to be altered accordingly.

67. (1) An application for the registration of the title of any person

Registration of

becoming entitled by assignment to a patent or to a share in a patent

assignments,

shall be made in Form No. 40 by the person becoming so entitled.

etc.

(2) Application may be made in Form No. 41 for entry in the register of

notification of an interest by way of mortgage, licence or otherwise.

68. (1) A copy of any document which is referred to in an application

Copies of

under regulation 67, duly certified to the satisfaction of the Registrar,

documents

shall be produced to the Registrar with the application.

(2) Unless the Registrar otherwise directs, the original of any other

document so referred to shall be produced to him with the application,

and a certified copy of any such document shall be lodged therewith,

and such original document shall be returned to the person who

produced it.

69. A request under section fifty-nine for the correction of a mistake in

Correction of

the register, in any patent, or application for a patent or any document

errors

lodged in pursuance of such application, or in proceedings in connection

with any patent, shall be made in Form No. 42.

70. Where the Registrar requires notice of the nature of the proposed

Advertisement

correction to be advertised in terms of subsection (4) of section

fifty-nine, the advertisement shall be made by publication in the Patent

Journal of the request and the nature of the proposed correction.

(As amended by F.G.N. No. 55 of 1960)

71. (1) Where such application is advertised in terms of regulation 70, notice of opposition may at any time within two months from the date of publication be given in Form No. 43.

(2) Upon notice of opposition being given, the provisions of regulations 25 to 29 and of regulation 43 shall mutatis mutandis apply in respect of the proceedings held before the Registrar under section fifty-nine.

Copies of any entry in the register, or copies of, or extracts from, patents, specifications and other public documents in the Office, or of or from registers and other records kept there, certified by the Registrar, may be furnished by the Registrar on payment of the fees prescribed in the First Schedule.

An application under section sixty-three for a further patent to be sealed shall be made in Form No. 44 and shall be accompanied by evidence setting out fully and verifying the circumstances in which the patent was lost or destroyed or cannot be produced.

PART XVI

PATENT AGENTS

74. An application to be registered as a patent agent in terms of subsection (2) of section sixty-eight shall be-

(a)

made by affidavit on Form No. 45 sworn before a commissioner for oaths;

(b)

accompanied by-

(i)

documentary proof that the applicant is entitled to be registered;

(ii)

the appropriate fee.

(F.G.N. No. 203 of 1962)

Opposition

Certified copies of entries, etc.

Lost patents

Application for registration

PART XVII

MISCELLANEOUS

The fees to be paid in respect of the grant of patents and applications therefor and in respect of other matters relating to patents arising under the Act shall be those prescribed in the First Schedule.

The forms set out in the Third Schedule shall be used in all cases to which they are applicable and may be modified as directed by the Registrar.

(1) All documents and copies of documents, except drawings, lodged at the Office shall, unless the Registrar otherwise directs, be written, typewritten, lithographed or printed in the English language-

(a)

upon strong white paper of a size approximately 13 inches by 8 inches, leaving a margin of at least 1 1/2 inches on the left-hand part thereof;

(b)

in legible characters with a dark, indelible ink;

(c)

with the lines widely spaced;

(d)

except in the case of affidavits, on one side only.

(2)

Duplicates of any documents shall at any time be lodged, if required by the Registrar.

(3)

Duplicate documents required under these Regulations may be carbon copies of the original documents:

Provided that they shall be on paper of good quality and the typing shall be black and distinct.

Prescribed fees

Prescribed forms

Size, etc., of documents

78. Every person concerned in any proceedings to which these

Address for

Regulations relate, and every patentee, shall furnish to the Registrar an

service

address for service in Zambia and that address may be treated for all

purposes connected with such proceedings or patent as the address of

the person concerned in the proceedings or the patentee.

79. (1) Where any notice, application or other document is required to

Method and

be served on any person under the provisions of the Act, such service

proof of service

may be effected by the delivery of a copy thereof either-

(a) at the address for service furnished to the Registrar in terms of

these Regulations; or

(b) to such person personally, or to his duly authorised agent; or

(c) at his residence or place of business or employment, to some

responsible person there residing or employed.

(2) Service effected by any person in accordance with the provisions of

this regulation shall be proved by a certificate made in Form No. 46 and

such certificate shall be filed with the Registrar.

80. Any notice, application or other document sent to the Office by

Lodging of

post shall not be deemed to have been given, made or lodged until it is

documents

actually received in the Office.

81. The Registrar may in any proceedings held before him decide the

Power of

hours, times and places at which he will sit and he may adjourn any

Registrar to fix

proceedings for such time and to such place as he may think fit.

time and place

of proceedings

82. (1) Any application, request or notice which is required or

Agency

permitted under this Act to be made or given to the Registrar, and all

other communications between an applicant or a person making a

request or giving a notice and the Registrar, and between the patentee

and the Registrar or any other person, may be signed, made or given by

or through an agent:

Provided that the Registrar is satisfied that the agent has been duly authorised so to act on behalf of such applicant, person or patentee.

(2) No power of attorney or any form of authorisation need be filed at the Office or exhibited to the Registrar in connection with any matter or proceeding under these Regulations unless the Registrar otherwise directs.

The Registrar may refuse to recognise as agent in respect of any proceedings under this Act a person who neither resides nor maintains a place of business in Zambia.

(1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and may be signed by a partner, or by any other person who satisfies the Registrar that he is authorised to sign the document.

(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document.

Any document lodged in any proceedings before the Registrar may, if the Registrar thinks fit, be amended, and any irregularity in procedure may be rectified on such terms as he may direct.

(1) Where, under these Regulations, any person is required to do any act or thing, or any document or evidence is required to be produced or lodged, the Registrar may, upon the production of such evidence and subject to such terms and conditions as he thinks fit, modify or dispense with the doing of the act or thing or the production or lodging of the document or evidence if he is satisfied that it is reasonable so to do.

(2) The Registrar may allow an application for a patent or a provisional or complete specification, although not in accordance with these Regulations, to be left on such terms and conditions as he thinks fit, modify or dispense with the doing of the act or thing or the production or lodging of the document or evidence if he is satisfied that it is reasonable so to do.

Refusal to recognise agent

Signature of documents

Amendment of documents

Power of Registrar to waive requirements (2) The Registrar may allow an application for a patent or a provisional or complete specification, although not in accordance with these Regulations, to be left on such terms and conditions as he thinks fit. In any such case the Registrar shall require the applicant to comply with these Regulations within the time specified by him. Until the prescribed requirements are complied with, no further action shall be taken by the Registrar in respect of the application.

87. (1) Where an order relating to a patent has been made by the Supreme Court or by the High Court, the person in whose favour such order has been made shall forthwith file at the Office an office copy of such order together with an application in Form No. 47.

(2) The specification shall thereupon be amended or the register rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be.

88. The Office shall be open to the public and the register shall be open to inspection on payment of the fee specified in item 47 of the First Schedule, every weekday, except Saturday, between the hours of nine and one, and two and half-past three; except on public holidays.

Order of Supreme Court or High Court

Days and hours of business

FIRST SCHEDULE (Regulation 75)

TARIFF OF FEES PAYABLE TO THE REGISTRAR OF PATENTS WITH EFFECT FROM 1ST MAY, 1995

The following fees shall be paid in respect of applications, registrations and other matters under the Act. Such fees must in all cases be paid before or at the time of doing the matter in

respect of which they are to be paid.

Amount Payable by Local Firms,

Corpora-tions and Item Matter or Proceeding Individuals

Fee units

On application for a patent (Non-convention)20,0

On convention application, in respect of each application for protection in a convention country 20,0

On application for a patent of addition 20.0

On application for grant of a patent of addition

of an independent patent

40,0

5. On lodging specification-

(i)

provisional

5,0

(ii)

complete

10,0

For extension of the period for lodging complete specification 2,0

On request for post-dating of an application under section 17 (1) 2,0

On request for extension of time under section 20, where the extension requested-

12.On a claim under section 23 (1) for application to proceed in name of claimants 2,0

13.On application for directions under section 23 (5) 14

14. On request for sealing of a patent (grant and publication fee) 50,0

15.On application for extension of the period for requesting the sealing of a patent under paragraph

(iv)

of the proviso to section 25 (2), where the extension requested-

(i)

does not exceed one month 2,0

(ii)

exceeds one month but does not exceed two months 4,0

(iii) exceeds two months 12,0

16.On application for extension of the period for requesting the sealing of a patent under paragraph

(v)

of the proviso to section 25 (2), where the extension requested-

(i)

does not exceed one month 2,0

(ii)

exceeds one month-for each month after the first 2,0

17.On application under section 26 for amendment of patent 5,0

18. On application for certificate of payment of renewal fee-

(i)

before the expiration of the third year from the date of commencement of the term of a patent referred to in section 29 and in respect of the fourth year5,0

(ii)

before the expiration of the fourth year of the term of a patent and in respect of the fifth year 7,5

(iii) before the expiration of the fifth year of the term of a patent and in respect

5.00

10

2,0

5.00

7.00

12

5.00

13

10,0

15.00

200.00

15

5.00

16

10.00

16

15.00

16

5.00

17

5.00

17

10.00

18

50.00

19

60.00

19

of the sixth year 10,0

(iv)

before the expiration of the sixth year of the term of a patent and in respect of the seventh year 12,5

(v)

before the expiration of the seventh year of the term of a patent and in respect of the eighth year 15,0

(vi)

before the expiration of the eighth year of the term of a patent and in respect of the nineth year 17,5

(vii) before the expiration of the nineth year of the term of a patent and in respect of the tenth year 20,0

(viii) before the expiration of the tenth year of the term of a patent and in respect of the eleventh year 22,5

(ix)

before the expiration of the eleventh year of the term of a patent and in respect of the twelfth year 25,0

(x)

before the expiration of the twelfth year of the term of a patent and in respect of the thirteenth year 27,5

(xi)

before the expiration of the thirteenth year of the term of a patent and in respect of the fourteenth year 30,0

(xii) before the expiration of the fourteenth year of the term of a patent and in respect of the fifteenth year 32,5

(xiii) beyond the fifteenth year of the term of a patent and in respect of the sixteenth year 35,0

(xiv) beyond the sixteenth year of the term of a patent and in respect of each year of the extension 37,5

PROVIDED THAT only one-half of the above fees shall be payable on patents endorsed "Licences of Right"

19.On extension of the period for payment of renewal fees, where the extension requested-

(i)

does not exceed one month 2,0

(ii)

exceeds one month but does not exceed

70.00

19

80.00

19

90.00

19

100.00

19

110.00

19

120.00

19

130.00

19

140.00

19

150.00

19

160.00

19

170.00

19

180.00

19

5.00

19

two months 4,0 10.00 19

(iii) exceeds two months but does not exceed three months 6,0 12.00 19

(iv) exceeds three months but does not exceed four months 8,0 15.00 19

(v) exceeds four months but does not exceed five months 10,0 20.00 19

(vi) exceeds five months but does not exceed six months 12,0 22.00 19

Where the extensions is for more than six months, the fee prescribed in clause (vi) is payable, and in addition, for each month or part of a month thereafter during the period of the extension 2,0 5.00 19

Certificate of payment of renewal fee -21

application for restoration of lapsed patent 25,0 50.00 21

On notice of opposition to application for restoration of lapsed patent 15,0 35.00 23

On application for endorsement of patent "Licences of Right" 5,0 5.00 24

On application for settlement of terms of licence under patent endorsed "Licences of Right" 10,0 20.00 25

On application by patentee for cancellation of endorsement of patent "Licences of Right" (section 36 (1)) 15,0 35.00 26

For altering name, nationality, address or address for service in register for each patent2,0

On application for registration of an assignment under section 58 4,0

On request to enter notice of interest in register 41

On request to correct a clerical error-

(i)

up to sealing 2,0

(ii)

after sealing 5,0

On notice of opposition to the correction of a clerical error 7,5

For duplicate of patent 7,5

On application for registration as patent agent 45

Certificate of service 2,0

Application for entry of order of court or tribunal 47

General form of advertisementAs fixed by the

Registrar from time to time

For certifying office copies, MSS., or photographic or printed matter other than duplicate patent-

(i)

under seal 10,0

(ii)

other 5,0 10.00

20.00

40.00

31

5.00

32

6.50

33

10.00

34

10.00

35

20.00

36

6,0

11.50

2,0

5.00

5.00

39

8.50

40

4,0

8.50

5.00

42

10.00

42

16.50

43

30.50

44

5,0

10.00

5.00

46

5,0

10.00

48

20.00

For general search of records of 30 minutes duration or part thereof 5,0 10.00

For inspecting documents or making copies of documents in respect of each application or file or patent 5,0 10.00

For photographic copy of any specification or Contract price as other document (other than a patent form) or fixed by the drawing-per sheet Minister from

time to time

(NOTE: The same charge is maintained regardless of whether or not Patent Office equipment is used to produce such copies)

52. For photographic copy of a document which is a Double the charge patent form as described under the Third Schedule in item No. 51 of the Patents Regulations

(NOTE: The same charge is maintained regardless of whether or not Patent Office equipment is used to produce such copies)

(As amended by S.I. No. 38 of 1981, Act No. 13 of 1994)

SECOND SCHEDULE (Regulation 35)

FORM OF PATENT

KENNETH DAVID KAUNDA, President of the Republic of Zambia: To all whom these presents shall come, Greeting:

WHEREAS (hereinafter called the patentee) has, pursuant to the Patents Act, made application for

Letters Patent for an invention for and has made a declaration that he is the owner of that invention and that there is no lawful ground of objection to the grant of a patent to him and has by a complete specification fully described and ascertained the said invention.

NOW THEREFORE, the patentee is granted full power, sole privilege, and authority that the patentee by himself, his agent, or licensees, and no others, may at all times hereafter during the term herein mentioned make, use, exercise, and vend the said invention within the Republic of Zambia in such manner as to him seems meet, and the patentee shall have and enjoy the whole profit and advantage from time to time accruing by reason of the said invention during the term of Sixteen Years from.....

PROVIDED ALWAYS that these Letters Patent shall be granted subject to the provisions of the said Act.

IN WITNESS WHEREOF these Letters Patent have been sealed as of the

day of one thousand nine hundred and ..........................................

Dated this day of ............................................. 19 ................

Seal of Patent Office

Registrar of Patents

THIRD SCHEDULE (Regulation 76)

PRESCRIBED FORMS

Corresponding

Form Matter Fee Item No.

Application for a patent (non-convention) .. .. .. .. .. 1

Convention application for a patent .. .. .. .. .. 2

Application for a patent of addition .. .. .. .. .. .. 3

Application for the grant of a patent of addition instead of an independent patent .. .. .. .. .. .. 4

Application under section 48 (1) of the Act to determine a dispute between employer and employee as to rights in an invention .. .. ..

35

37. Offer to surrender a patent under section 52 (1) of the Act .. 36

..

..

..

38. Notice of opposition under section 52 (2) of the Act to offer to surrender a patent .. .. .. .. .. .. 39. Request for alteration of a name or nationality or an address or an address for service in the register of patents .. .. .. 40. Application for registration of assignment .. .. .. 39

37 .. ..

38 ..

41. Request to enter in the register of patents a notice of an interest in a patent .. .. .. .. .. .. .. 42. Request for correction of clerical error .. .. .. 41

(2) Delete if not applicable being a national/nationals of do hereby declare that I am/we are the owner(s) of an invention in respect of the Republic of Zambia (2) by having invented it/by having acquired it by assignment, which invention is described in the accompanying (2) provisional/complete specification under the title (3) (3) Here insert title of invention

that (2) I am/we are the assignee(s)/legal representative(s) of (4) (4) Here insert name(s) of inventor(s)

who claim(s) to be the inventor(s) thereof, and that to the best of my/our knowledge and belief there is no lawful ground of objection to the grant of a patent to me/us on this application and I/we pray that a patent may be granted to me/us for the invention.

country/countries qualify under (8) Article 2/3 of the Convention by reason of being (8) a national of/

domiciled in/having a place of business in a member state, namely

, and that I/we qualify under the said (8) Article 2/3 by reason of being (8) a national of/domiciled in/having a place of business in

a member state, namely and that to the best of my/our knowledge and belief there is no lawful ground of objection to the grant of a patent to me/us on this application and that I/we pray that a patent may begranted to me/us for the invention in priority to other applicants, and that such patent shall

have the date (6) and (8) I/we declare the said invention(s) is/are an improvement in or modification of

convention country in which the first application was made

(6)

Here insert the official date of the first application in a convention country

(7)

Here insert official number of first application in convention countryand that the said application or each of the said applications was the first application in a convention country in respect of the relevant invention by me/us or by any person from whom I/we derive title, and that the applicant(s) in the

my/our invention for which a patent was applied for/granted under No. (9)

, and (8) I/we pray that a patent may be granted to me/us for the said invention(s) as a patent of addition and request that the term of such further patent may be the same as that of the patent for the main invention or so much of that term as is unexpired.

Dated this day of ...........................................,19 ................

do hereby declare that I am/we are the owner(s) of an invention the title of which is (2) insert title of invention

and that I am/we are the (3) assignee(s)/legal representative(s) of (4) (3) Delete if not applicable

who claim(s) to be the inventor(s) thereof; that the said invention is an improvement in or (4) Heremodification of my/our invention for which a patent was applied for/granted under insert name(s) of inventor(s)

No. (5) ; (5) Here that to the best of my/our knowledge and belief there is no lawful ground of objection to the insert grant of a patent to me/us on this application and I/we pray that a patent may be granted to number of me/us for the said invention as a patent of addition and request that the term of such further main patent may be the same as that of the patent for the main invention or so much of that term patent or as is unexpired patent

application

Dated this day of ...........................................,19 ................

APPLICATION FOR THE GRANT OF A PATENT OF ADDITION cINSTEAD OF AN INDEPENDENT PATENT

I/We (1) (1) State full name and address of

being a national/nationals of patentee(s)

hereby request that patent No. of which I am/we are the patentee(s) be revoked and that instead thereof a patent of

addition to patent No. of which I am/we are also the patentee(s) be granted to me/us, such patent of addition to bear the same date as the patent so revoked.

Dated this day of ...........................................,19 ................ (2) To be signed by

(2) patentee(s) or his/their agent

My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA

PATENTS FORM NO. 5 Regulation 3 (5)

THE PATENTS ACT

PROVISIONAL SPECIFICATION

(1)

(1) State title verbally agreeing with that in the application form

(2) I/We . do hereby declare this invention to be described in the following statement:

(2) State full name, description and address of applicant(s) as in application form

(3)

(3) Here begin description of the invention. The continuation of the specification should be upon paper of foolscap size on one side only, with the lines well spaced and with a margin of one inch and a half on the left-hand part of the paper. The

specification must be signed by the applicant(s) or his/their agent on the last sheet and dated (thus): "Dated this ....................... day of ....................... 19 .............."

REPUBLIC OF ZAMBIA PATENTS FORM NO. 6 Regulation 3 (5)

THE PATENTS ACT Fee unit: 1

COMPLETE SPECIFICATION (To be furnished in duplicate)

(1)

(1) State title verbally agreeing with that in the application form

(2)

I/We(2) State full name, description and address of applicant(s)

do hereby declare this invention, the manner in which and the method by which it is to be as inperformed, to be particularly described and ascertained in and by the following statement: application form

(3) (3) Here begin full description of invention. The continuation of the specification should be upon paper of foolscap size on one side only, with the lines well spaced and with a margin of one inch and a NOTE.-The claims must relate to a single invention, must be clear and succinct and must be fairly based on the matter disclosed in the specification. They should form in brief a clear statement of that which constitutes the invention. Applicants should be careful that their claims include neither more nor less than they desire to protect by their patent. Any unnecessary multiplicity of claim or prolixity of language should be avoided. Claims should not be made for the efficiency or advantages of the invention.

half on the left-hand part of the paper. The completion of the description should be followed by the words "Having now particularly described and ascertained my/our said invention and in what manner the same is to be performed, I/we declare that what I/we claim is:" (after which should be written the claim or claims numbered consecutively) (see note below). The specification and the duplicate thereof must be signed by the applicant(s) or his/their agent on the last sheet and dated (thus): "Dated this ....................... day of ....................... 19 .............."

REPUBLIC OF ZAMBIA PATENTS FORM NO. 7 Section 13 (2) Regulation 9

THE PATENTS ACT Fee unit: 01

APPLICATION FOR EXTENSION OF TIME FOR LODGING A COMPLETE SPECIFICATION

I/We (1)

hereby, in respect of application No. , request an extension of time until in which to lodge a complete specification.

Dated this day of ............................................ 19 ..............

(2)

My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State name and address of applicant(s)

(2)

To be signed by applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 8 Section 17 (1) Regulation 10

THE PATENTS ACT Fee unit: 1

REQUEST FOR THE POST-DATING OF AN APPLICATION

I/We (1)

hereby request that application No. lodged on the of ................................................... 19 ............... be deemed to have been made on the following date, namely, the day of .................................................. 19 .................. Dated this day of ............................................. 19 ...............

(2)

My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State name and address of applicant(s)

(2)

To be signed by applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 9 Section 20 (1) Regulation 20

THE PATENTS ACT Fee units: 1, 2, 3

APPLICATION FOR EXTENSION OF TIME FOR ACCEPTANCE OF A COMPLETE SPECIFICATION

I/We hereby apply for months' extension of time for acceptance of the complete specification upon application No. dated .................................................................... Dated this day of ............................................. 19 ...............

(1)

My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

(1) To be signed by applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 10 Section 21 (1) Regulation 21

THE PATENTS ACT Fee unit: 1

REQUEST FOR POSTPONEMENT OF ACCEPTANCE OF COMPLETE SPECIFICATION

I/We hereby request a postponement of the acceptance of the complete specification of

application No. dated

to a date not later than the

expiration of months from the date of lodging of the application. Dated this day of ............................................. 19 ...............

(1)

My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

(F.G.N. No. 206 of 1959) (1) To be signed by applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 11 Regulation 22 (2)

THE PATENTS ACT Fee unit: 1

APPLICATION FOR WITHDRAWAL OF ACCEPTANCE

I/We (1)

apply for withdrawal of the acceptance of the specification of patent application No.

My/Our reasons for desiring such withdrawal are as follows:

(2)

Dated this day of ............................................. 19 ...............

(3)

My/Our address for service in Zambia:

The Registrar,

The Patent Office,

Lusaka,

Zambia.

(1)

State name and address of applicant(s)

(2)

The circumstances and grounds must be stated in full

(3)

To be signed by the applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 12 Section 22 (1) Regulation 24

THE PATENTS ACT Fee unit: 1

NOTICE OF OPPOSITION TO GRANT OF PATENT

I/We (1)

hereby give notice of opposition to the grant of Letters Patent upon application No. applied for by ..........................................................

upon the ground (2)

Dated this day of ............................................. 19 ...............

(3)

My/Our address for service in Zambia:

(1)

State full name and address

(2)

State upon which of the grounds of opposition permitted by section 22 the grant is opposed and identify all specifications and other publications relied upon

CLAIM UNDER SECTION 23 (1) OF THE ACT TO PROCEED AS AN APPLICANT OR CO-APPLICANTS

I/We (1) (1) State name of claimant(s)

(2) State the number and

hereby request that patent application No. (2) dated date of the

made by application for patent

(3) (3) State name of applicant(s) for patent

may proceed in the name(s) of (4) (4) Here insert name, address and nationality of the person or persons in whose name(s) it is requested that the application shall proceed

I/We claim to be entitled to proceed as applicant(s) for the patent by virtue of (5)

And in proof whereof I/we transmit the accompanying (6)

My/Our address for service in Zambia:

(7)

I/We (8)

consent to the above request. The Registrar,

The Patent Office,

Lusaka,

Zambia.

(5)

Give the particulars of such document, giving its date and the parties to the same, and showing how the claim here made is substantiated

(6)

State the nature of the document. The certified copy should be written, typewritten or printed on foolscap paper

(7)

To be signed by claimant(s) or his/their agent

(8)

To be signed by the applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 14 Section 23 (5) Regulation 32

THE PATENTS ACT Fee unit: 1

APPLICATION FOR DIRECTIONS UNDER SECTION 23 (5) OF THE ACT AS TO PROCEEDING WITH AN APPLICATION FOR A PATENT IN CASE OF DISPUTE BETWEEN JOINT APPLICANTS

I (1) (1) State full name and address

being a joint applicant with (2) (2) State name and address of other

in the application for a patent No hereby applicant(s)declare that a dispute has arisen between us and request that an order of the Registrar be made giving directions for enabling the application to proceed.

Particulars of the matter in dispute are given in the annexed statement setting out the factsupon which I rely and the relief which I seek. Dated this day of ............................................. 19 ...............

(3) (3) To be signed by applicant

My address for service in Zambia: or his agent

NOTE.-The application must be accompanied by a statement of case and by copies of the

application and statement as required by regulation 32. The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 15 Section 25 (1) Regulation 33

THE PATENTS ACT Fee units: 40

REQUEST FOR THE SEALING OF A PATENT

I/We (1)

request that a patent may be sealed on my/our application No

of 19 ................., and I/we hereby transmit the prescribed fee for sealing, and further request that the following may be entered on the register as my/our address for service in Zambia:

Dated this day of ............................................. 19 ...............

hereby transmit the fee prescribed for the continuation in force of (2)

Patent No. for a further period of and request that the

Certificate of Payment may be sent to me/us at (3)

Dated this day of ............................................. 19 ............... NOTE.-If the address given above is not that entered in the register as the patentee's address

for service and it is desired to amend the entry in the register, application therefor must be made in Patents Form No. 39. The Registrar,

The Patent Office, Lusaka, Zambia.

(1)

State name of person(s) tendering the fee

(2)

Here insert name of patentee(s)

(3)

Here insert full address to which certificate is to be sent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 20 Section 29 (4) Regulation 39

THE PATENTS ACT Fee units: 1-5

APPLICATION FOR EXTENSION OF THE PERIOD FOR PAYMENT OF RENEWAL FEE

I/We hereby apply for an extension of month(s) of the period prescribed for payment of the years' renewal fee upon my/our Patent No

(1)

Dated this day of ............................................. 19 ...............

(2)

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

Here insert name and full address to which receipt is to be sent

(2)

To be signed by the applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 21 Regulation 40

THE PATENTS ACT

CERTIFICATE OF PAYMENT OF RENEWAL FEE

Letters Patent No This is to certify that did this day of .............................................., 19 ............... make the prescribed payment of K in respect of a period of from

Registrar of Patents

The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 22 Section 33 Regulation 41

THE PATENTS ACT Fee units: 24

APPLICATION FOR THE RESTORATION OF A LAPSED PATENT

I/We

of

being the owner(s) of Patent No. , hereby apply for an order for the restoration of the said patent.

The circumstances which have led to the failure to pay the renewal fee of (1) (1) Here state amount of fee

(2) State last day

on or before the (2) when fee

was due

are as follows: (3) (3) State circumstances. The application must be accompanied by one or more affidavits setting out fully all the material facts

Dated this day of ............................................. 19 ...............

on which the applicant(s) base(s)

his/their case

(4)

(4) To be

signed by

My/Our address for service in Zambia:

the applicant(s)

or his/their

agent

The Registrar,

The Patent Office,

Lusaka,

Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 23 Section 33 (4) Regulation 42

THE PATENTS ACT Fee units: 12

NOTICE OF OPPOSITION TO AN APPLICATION FOR THE RESTORATION OF A LAPSED PATENT

I/We (1)

hereby give notice of opposition to the application for restoration of Patent No.

for the following reasons (2) ................................................

Dated this day of ............................................. 19 ...............

(3)

(1)

Here state full name and address of objector(s)

(2)

Here state reasons for opposition. The notice must be accompanied by a copy thereof together with a statement, in duplicate, setting out fully the nature of the objector's(s') interest and the facts upon he relies/they rely

(3)

To be signed by the

My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

objector(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 24 Section 35 (1) Regulation 44

THE PATENTS ACT Fee units: 1

VOLUNTARY APPLICATION FOR ENDORSEMENT OF PATENT "LICENCES OF RIGHT"

I/We (1) being the owner(s) of Patent No. , hereby request that the said patent may be endorsed "Licences of Right". I am/We are not precluded by contract from granting licences under the patent. Dated this day of ............................................. 19 ...............

(1) State name and address of patentee(s)

(2) My/Our address for service in Zambia:

(2) To be signed by the patentee(s) or his/their agent

NOTE.-The application must be accompanied by evidence verifying the statement in the application and by the Letters Patent.

The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 25 Section 35 (2) Regulation 45

THE PATENTS ACT Fee unit 1

APPLICATION UNDER SECTION 35 (2) (A) OR (B) OF THE ACT FOR SETTLEMENT OF TERMS OF LICENCE UNDER PATENT ENDORSED "LICENCES OF RIGHT"

I/We (1) (1) State name and address of applicant(s)

hereby apply for settlement of the terms of a licence to be granted under Patent No.

I am/We are the-

(a)

patentee(s);

(b)

person(s) requiring a licence;

(c)

holder(s) of a licence under the patent granted before endorsement.

I/We (d) request that an order may be made entitling me/us to exchange my/our existing

licence for a licence to be granted upon the terms as settled.

Dated this

day of ............................................. 19 ...............

(2)

(2) To be

signed by

My/Our address for service in Zambia:

the applicant(s)

or his/their

agent

NOTE.-The application must be compled in duplicate and by a statement of case in

duplicate. by a statement of case in duplicate.

The Registrar,

The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 26 Section 36 (1) Regulation 47

THE PATENTS ACT Fee unit: 1

APPLICATION UNDER SECTION 36 (1) OF THE ACT BY PATENTEE FOR CANCELLATION OF ENDORSEMENT OF A PATENT "LICENCES OF RIGHT"

I/We (1) (1) State name and address of patentee(s)

being the owner(s) of Patent No , hereby request that the endorsement of the said patent as "Licences of Right" may be cancelled, and I/we enclose Patents Form No. 19 bearing the balance of all renewal fees which would have been payable if the patent had not been endorsed.

I/We declare (a) that there is no existing licence under the patent; or (b) all the licensees (a), (b) consent to this application. Delete whichever

Dated this day of ............................................. 19 ...............

is not applicable

(2) (2) To be signed by the patentee(s)

My/Our address for service in Zambia: or his/their agent

NOTE.-The application must be accompanied by evidence in support of the application.

The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 27 Section 36 (2) Regulation 48

THE PATENTS ACT Fee unit: 1

APPLICATION UNDER SECTION 36 (2) OF THE ACT BY ANY PERSON INTERESTED FOR CANCELLATION OF ENDORSEMENT OF PATENT "LICENCES OF RIGHT"

I/We (1) (1) State name and address of applicant(s)

hereby claim that the endorsement of Patent No "Licences of Right" is and was at the time of the endorsement contrary to a contract in which I am/we are interested and I/we request that such endorsement may be cancelled.

Dated this day of ............................................. 19 ............... (2) To be signed by

(2) the

applicant(s) My/Our address for service in Zambia: or his/their

agent

NOTE.-The application must be completed in duplicate and accompanied by a statement of case in duplicate.

The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 28 Section 36 (5) Regulation 49

THE PATENTS ACT Fee unit: 1

NOTICE OF OPPOSITION BY PATENTEE OR BY ANY PERSON INTERESTED TO CANCELLATION OF ENDORSEMENT OF A PATENT "LICENCES OF RIGHT"

I/We (1)

hereby give notice of opposition to the application for the cancellation of the endorsement "Licences of Right" in respect of Patent No. Dated this day of ............................................. 19 ...............

(2)

My/Our address for service in Zambia:

NOTE.-The notice must be accompanied by a copy thereof and a statement of case in duplicate.

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State name and address of opponent(s)

(2)

To be signed by the opponent(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 29 Section 37 Regulation 50

THE PATENTS ACT Fee unit: 1

APPLICATION FOR COMPULSORY LICENCE UNDER SECTION 37 OF THE ACT

I/We (1)

hereby apply for an order of the High Court for a licence to be granted to me/us in respect of Patent No for the following reasons:

(2)

Dated this day of ............................................. 19 ...............

(3)

My/Our address for service in Zambia:

NOTE.-The application must be accompanied by evidence verifying the statements set out in the application.

(1)

State name and address of applicant(s)

(2)

State the nature of the applicant's(s') interest, the facts upon which he relies/they rely and the grounds upon which the application is made

(3)

To be signed by the applicant(s) or his/their legal practitioner

The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 30 Section 43 Regulation 54

THE PATENTS ACT Fee unit: 1

APPLICATION UNDER SECTION 43 OF THE ACT FOR AMENDMENT OF A PROVISIONAL SPECIFICATION OR OF A COMPLETE SPECIFICATION NOT YET ACCEPTED

I/We (1)

seek leave to amend the provisional/complete specification of Patent Application

No. as shown in red ink in the certified copy of the original specification hereunto annexed. My/Our reasons for making this amendment are in detail as follows:

(2)

Dated this day of ............................................. 19 ...............

(3)

My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State full name and address of applicant(s)

(2)

State full particulars of the reasons for seeking amendment

(3)

To be signed by the applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 31 Section 43 Regulation 55

THE PATENTS ACT Fee units: 1-5

APPLICATION UNDER SECTION 43 OF THE ACT FOR AMENDMENT OF COMPLETE SPECIFICATION AFTER ACCEPTANCE

I/We (1)

seek leave to amend the specification of Letters Patent No. / Patent Application No. as shown in red ink in the certified copy of the original specification hereunto annexed.

I/We (2) declare that no action for infringement or proceedings for the revocation of the Letters Patent in question are pending.

My/Our reasons for making this amendment are as follows:

(3)

Dated this day of ............................................. 19 ...............

(4)

My/Our address for service in Zambia:

(1)

Here state full name and address of applicant(s)

(2)

These words are to be struck out when Letters Patent have not been sealed

(3)

State full particulars of the reasons for making amendment

(4)

To be signed by applicant(s)

or patentee(s) or his/their agent

The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 32 Section 43 Regulation 55

THE PATENTS ACT Fee unit: 1

APPLICATION TO AMEND SPECIFICATION

(Form of advertisement of request to amend specification)

I/We (1) (1) State full name and address of applicant(s)

seek leave to amend by way of (2) (2) State whether by

the specification of Letters Patent/Patent Application No.

way of disclaimer, correction or explanation

for (3) (3) Title of invention

A copy of the original specification, showing in red ink the proposed amendment, is now open to public inspection at the Patent Office.

A notice of opposition (in Patents Form No. 33) may be filed at the Patent Office within three months from the date of this advertisement. Dated this day of ............................................. 19 ...............

(4) (4) To be signed by applicant(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 33 Section 43 (5) Regulation 57

THE PATENTS ACT Fee unit: 1

NOTICE OF OPPOSITION TO AMENDMENT OF SPECIFICATION UNDER SECTION 43 (5) OF THE ACT

I/We (1)

hereby give notice of opposition to the proposed amendment of the specification of Letters

Patent/Patent Application No , for the following reasons:

(2)

Dated this day of ............................................. 19 ...............

(3) My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State full name and address of objector(s)

(2)

Here state reasons of opposition

(3)

To be signed by objector(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 34 Section 47 (6) Regulation 59

THE PATENTS ACT Fee unit: 1

APPLICATION FOR DIRECTIONS UNDER SECTION 47 (6) OF THE ACT

I/We (1)

hereby apply for the following directions in respect of Patent No.

(2)

Dated this day of ............................................. 19 ...............

(3)

My/Our address for service in Zambia:

NOTE.-The application must be accompanied by a statement of case and by copies of the application and statement as required by regulation 59.

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State name and address of patentee(s)

(2)

State the directions sought

(3)

To bez signed by the patentee(s) seeking directions or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 35 Section 47 (7) Regulation 60

THE PATENTS ACT Fee unit: 1

APPLICATION FOR DIRECTIONS UNDER SECTION 47 (7) OF THE ACT

I/We (1)

hereby apply for directions in respect of the failure of (2)

to comply with the directions of the Registrar given under section 47 (6) of the Act on the

day of ................................, 19 ............... in the following manner:

(3)

Dated this day of ............................................. 19 ...............

(4)

My/Our address for service in Zambia:

NOTE.-The application must be accompanied by a copy thereof and a statement of case in duplicate.

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State name and address of patence of joint patentees

(2)

State name of person in default

(3)

State the directions sought

(4)

To be signed by the patentee(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 36 Section 48 (1) Regulation 61

THE PATENTS ACT Fee unit: 1

APPLICATION UNDER SECTION 48 (1) OF THE ACT TO DETERMINE A DISPUTE BETWEEN EMPLOYER AND EMPLOYEE AS TO RIGHTS IN AN INVENTION

I/We (1)

hereby declare that in respect of the rights in the invention for which an application for a

patent was made by

and numbered , (2) and upon which a patent

No. has been granted, a dispute has arisen between me/us

and (3)

and I/we hereby apply to the Registrar/High Court to determine the dispute.

The facts of the dispute and the relief which I/we seek are set out fully in the accompanying statement. Dated this day of ............................................. 19 ...............

(4)

My/Our address for service in Zambia:

(1)

State name and address of applicant(s)

(2)

Delete if a patent has not been granted

(3)

State name and address of other party to dispute

(4)

To be signed by the applicant(s) or his/their agent

NOTE.-Application must be accompanied by a copy thereof and a statement in duplicate setting out the facts of the dispute and the relief which is sought.

The Registrar, The Patent Office, Lusaka, Zambia.

REPUBLIC OF ZAMBIA PATENTS FORM NO. 37 Section 52 (1) Regulation 63

THE PATENTS ACT Fee unit: 1

OFFER TO SURRENDER A PATENT UNDER SECTION 52 (1) OF THE ACT

I/We (1)

hereby offer to surrender Patent No.

I/We declare that no action for infringement, proceeding for revocation or proceeding in which the validity of the patent or of a clause in the complete specification is disputed, is pending.

My/Our reasons for making this offer are:

Dated this day of ............................................. 19 ...............

(2)

My/Our address for service in Zambia:

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State full name and address of patentee(s)

(2)

To be signed by the patentee(s) or his/their agent

REPUBLIC OF ZAMBIA

PATENTS FORM NO. 38 Section 52 (2) Regulation 64

THE PATENTS ACT Fee unit: 1

NOTICE OF OPPOSITION UNDER SECTION 52 (2) OF THE ACT TO OFFER TO SURRENDER A PATENT

I/We (1)

hereby give notice of opposition to the offer to surrender Patent No.

for the following reasons (2)

Dated this day of ............................................. 19 ...............

(3)

My/Our address for service in Zambia:

NOTE.-The application must be accompanied by a copy thereof and a statement of case in duplicate.

The Registrar, The Patent Office, Lusaka, Zambia.

(1)

State full name and address of opponent(s)

(2)

State briefly the reasons for opposition

(3)

To be signed by the opponent(s) or his/their agent

REPUBLIC OF ZAMBIA PATENTS FORM NO. 39 Section 6 Regulation 66

THE PATENTS ACT Fee unit: 1

REQUEST FOR ALTERATION OF A NAME OR NATIONALITY OR AN ADDRESS OR AN ADDRESS FOR SERVICE IN THE REGISTER OF PATENTS

In the matter of Patent No.

I/We (1)

hereby request that the (2) name, nationality, address, address for service, now upon the

register of patents may be altered to (3)

Dated this day of ............................................. 19 ...............

(4)

My/Our address for service in Zambia:

(1)

State full name and address of applicant(s)

(2)

Strike out words not applicable

(3)

Insert name, nationality, address or address for service, as the case may be

(4)

To be signed by the applicant(s) or his/their agent

NOTE.-Where the request is for alteration in a name or nationality, proof of the alteration